Lawyer's character

If you don’t leave me here, you will have your place, and if you don’t leave me everywhere... Then you can’t farm at home and compete for steamed buns. This was Jin Dachun's inner monologue at that time.

After that, Jin Dachun began to run away, but his craftsmanship was too fashionable and no one recognized him, so he had to go to remote mountainous areas. Later, he met several charlatans. They met each other late in life, ate and drank, and became friends.

For this person, it may take a lifetime to learn well, but it only takes a few hours or days to learn bad. He got inspiration from charlatans, so he went astray and began to deceive the people under the guise of exorcising ghosts and treating evil diseases.

In October of this year, Jin Dachun went to a place called Xiaowangzhuang in the county below. He heard that the son of the villager Niu Tianyu's family had nightmares every night for some unknown reason, so he volunteered to be the ghost exorcist for Niu Tianyu's family and planned to try his own tricks. It doesn’t work.

Naturally, the Niu Tianyu family didn't believe in this guy who claimed to be able to watch the sky with his eyes and pinch demons and exorcisms with his fingers. However, when Jin Dachun showed his skill of floating needles in water to find needles and catch ghosts, the Niu family believed him and respected him as the master. .

Jin Dachun told the Niu family that they needed valuable items to be offered as offerings to the gods to drive out ghosts. The valuables should preferably be gold, but if not, RMB would do. After that, they would be returned to the Niu family without moving a penny.

Niu Tianyu's wife was so eager to save her son that she took out all the three pieces of gold she bought when she got married (worth 13,800 yuan), and another 3,000 yuan in cash.

Afterwards, Jin Dachun put on a Taoist robe, dressed up like a Taoist priest, wrapped the three pieces of gold and cash in newspapers, put them on the table, then lit a candle, took out the small incense burner bought at the street stall, burned incense and prayed, He muttered and didn't even know what he was reciting.

Before exorcising the ghosts, he asked the Niu family to stay away, lest the demons and ghosts appear and harm the Niu family. When the Niu family heard this, they went to the next room to wait, not daring to come out.

During the process of "casting the spell", Jin Dachun's Chengniu family was unprepared. They used the same newspaper bag they had prepared in advance to replace the newspaper bag containing their belongings, and then spent more than half an hour in the house with a mahogany sword, causing a scene. My forehead was sweating, and then I finished "casting the spell".

After the Niu family came in, Jin Dachun handed the fake newspaper package back to Niu Tianyu and told him to open it three days later, otherwise his family would suffer a bloody disaster. Then he paid for the ghost exorcism and took the Niu family's belongings away from the scene.

The next day, Jin Dachun went to two families in the lower village of Linxian County and used the same method to defraud the victims of RMB 5,200 and RMB 40,000 respectively, as well as gold jewelry worth RMB 18,000.

Shortly thereafter, when he was committing fraud again in a village in Linxian County, he was discovered by local villagers. After a severe beating, he was turned over to the public security organ.

Before being arrested, Jin Dachun committed three crimes, with a total crime amount of RMB 80,000.

"Ms. Zhao, has your husband's case reached the procuratorate now?" Meng Guangda asked after a moment of reflection.

"I'm not at the procuratorate. I've already arrived at the court. I transferred here a few days ago and am waiting to arrange a trial." Zhao Huilan asked with eager eyes: "The procuratorate said that Dachun committed fraud. I found a lawyer before. He said that Dachun, our family, would definitely be sentenced, and it would probably take about ten years.

Lawyer Meng, do you think my Dachun will be sentenced to so many years? "

Meng Guangda understood as soon as he heard that Jin Dachun had cheated and stolen 80,000 yuan. The amount of the crime was quite large. It was initially estimated that he would be sentenced to between three and ten years in prison. I guess the lawyer before said this to get more lawyers. costs, and at the same time suppresses the expectations of the parties concerned.

"First of all, this case may not necessarily be classified as fraud. Of course, this can only be determined by looking at the case file. Secondly, your husband defrauded 80,000 yuan and was caught on the spot. He will definitely be sentenced.

Finally, judging from your description and the amount of the crime, it is very likely that your husband will be sentenced to a fixed-term prison sentence. The specific prison term may be between three to ten years. It depends on how you defend yourself. If you defend well, he may be sentenced to a few years less. .

This is my current judgment. "Meng Guangda thought for a while and said.

Yu Wendong was a little surprised. This time when discussing the case, the master did not "teach". It was rare for him to speak so cleanly and neatly.

"What do you mean? It's not a crime of fraud?" Zhao Huilan was a little confused. She glanced at Yu Wendong and then at Meng Guangda.

"Well, I personally think that your husband may be guilty of theft, not fraud. Your husband's case is a bit complicated in terms of characterization. It would be easier to distinguish if it is general fraud or theft.

In this case, your husband used both deception and secret theft to illegally possess other people's property. Whether his behavior is theft or fraud mainly depends on whether your husband's decisive method of illegally obtaining other people's property is secret theft or deception.

In layman's terms, the crime of fraud is when the perpetrator uses fraudulent methods to fabricate facts or conceal the truth, causing the owner, custodian or handler of the property to have a misunderstanding, and thereby "voluntarily" hand over the property to the perpetrator.

The crime of theft occurs when a person secretly takes away property by a method that he believes will not be discovered by the owner, custodian or handler of the property.

Generally speaking, it is not difficult to distinguish the crime of theft from the crime of fraud according to the above standards.

However, this case is somewhat special. In order to achieve the purpose of illegally possessing other people's property, your husband has used various means and methods of deception and secret theft, which can easily lead to qualitative differences among the judicial authorities.

You understand what I said! "Meng Guangda thought he had said it very clearly and straightforwardly.

Zhao Huilan looked at him, her eyes becoming more and more confused, and she shook her head. Dabao on the side also fainted, as if he was listening to a book from heaven. He licked his lips and wanted to ask a question but didn't know where to start.

"Aunt, what Lawyer Meng said are all professional matters. To put it bluntly, your husband cheated two people out of money by exorcising ghosts. It's not a big deal at first. Which village doesn't have people who do this kind of thing? Sometimes it works and sometimes it doesn't. People in the village I can’t say anything, and I won’t go to the police station to report fraud.

But your husband shouldn't take the money that someone else gave to the immortal and then secretly steal it. This would be considered stealing, not cheating anymore. "Yu Wendong knew that the other party would not understand what Meng Guangda said, so he hurriedly explained.

"Well, I probably understand. Then can my Dachun be sentenced to a few years less?" After Yu Wendong explained this, Zhao Huilan understood.

Zhao Huilan used to treat evil diseases. Normally, she could do it only three times. If she couldn't see it well after three times, the owner could only hire another expert. Everyone in the village knew the rules.

Even if the customer comes from afar and does not understand the rules, Zhao Huilan will explain it in advance, and the other party can't say anything. After all, the disease cannot be cured by going to the hospital, so you can only give it a try, so there has never been an incident. Zhao Huilan's reputation good. It can be said that this is an unspoken rule in this industry, but what Jin Dachun did has broken the rule. (End of chapter)